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It looks like we may have crossed the journalism Rubicon – a point of no return. Two journalists face federal charges for a story they covered.  You read that right – the Trump administration has arrested journalists for witnessing an event and reporting about it, which is basically the definition of the job. 

The arrest of Don Lemon on January 29 and that of Independent Minnesota based journalist Georgia Fort stemmed from a protest the two attended on January 18. The anti ICE demonstration interrupted a service at Cities Church in St. Paul Minnesota, which was led by a pastor who reportedly served as an ICE officer. The charges cited a 1994 law called “Freedom of Access to Clinic Entrances” (FACE).  Although, as the name indicates, the law was passed to prevent people from using threats, physical obstruction, or violence to block access for people seeking or providing an abortion or other reproductive health services, the language of the law also includes those exercising their right to religious freedom at places of worship.  In short, Lemon and Fort are accused of keeping people from being able to worship freely. 

Attorney General Pam Bondi, who said the arrests happened “at my direction” after a magistrate judge refused to authorize it, posted a video about the situation  on social media saying,  “Make no mistake. Under President Trump’s leadership and this administration, you have the right to worship freely and safely. And if I haven’t been clear already, if you violate that sacred right, we are coming after you.” After his release on January 30, Lemon said, “I have spent my entire career covering the news. I will not stop now.” 

According to the language of the  indictment, because of the conduct of Lemon, Fort,  and the other named defendants, “congregants fled the Church building out of fear for their safety … and young children were left to wonder, as one child puts it,  if their parents were going to die.”  The video of the protest Lemon posted on YouTube, shows him standing off to the side narrating what is happening and interviewing parishioners who agreed to speak to him. In the video he says several times, “I’m not here as an activist, I’m a journalist.” There is shouting and the scene is tense (something Lemon describes in his narration), the video doesn’t show Lemon physically confronting anyone.

However, former New York Times editor and now Boston Globe contributor Jill Abramson wrote, Lemon is also seen being overly persistent with some parishioners who were reluctant to talk to him. Some of the former CNN anchor’s statements are more opinion than observation, including one part where he compares the protests to those that occurred during the civil rights movement. This might be where Substack journalism differs from mainstream or “legacy” journalism, and as consumers we need to be educated and aware of these important nuances.  Now that social media content is treated as factual, regardless of the source, and AI generates content randomly, we know that how we receive news is a messy business and we have to stay vigilant. 

And still, as complex as these issues are, the arrest of Don Lemon and Georgia Fort is the most alarming development in a series of attacks on journalism since President Trump took office again a year ago.  He has filed a parade of lawsuits against media outlets including  ABC, CBS, The New York Times and The Wall Street Journal. The President has flung countless insults at reporters who ask questions he doesn’t like, the latest being an ABC reporter Karen Travers, whom he called “very loud” and said worked for a “fake news” outlet when she asked him about his plans to sue the IRS. 

Although it would be easy to turn away from a seemingly endless stream of upsetting or confusing news stories – it’s important that we don’t. The First Amendment protecting journalists is a vital tool for  holding people in power accountable. If the government can arrest Lemon and Fort for doing their job as journalists, they can do the same to any member of the media whose work they find objectionable. It’s also important for us all to be discerning news consumers of content from both legacy and non legacy journalism outlets. Take into account the source of the information. Look for facts and consider if the pictures and videos in the news story match what officials say happened to determine the reality of the situation. News outlets need to show the audience that they have verified the authenticity of citizen videos before posting them.  

At this time, we all  need to keep our eyes open and our phones ready to record. Because in the end we are all witnesses to history.